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(영문) 서울서부지방법원 2017.02.03 2016가단224728
건물명도
Text

1. The defendant shall receive KRW 20,000,000 from the plaintiff, and at the same time, shall be the real estate stated in the attached Table to the plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap 1 through 5 and Eul 1, it is recognized that the plaintiff is a housing reconstruction and improvement project association whose project district covers Mapo-gu Seoul Metropolitan Government C in relation to the housing reconstruction project implemented by the plaintiff by the head of Mapo-gu Seoul Metropolitan Government, and authorized the management and disposition plan on June 3, 2016 in relation to the housing reconstruction project implemented by the plaintiff, and announced it on June 9, 2016, and that the defendant leased the building recorded in the attached list in the said project implementation district from D to KRW 20,00,000.

Comprehensively taking account of the above facts of recognition, pursuant to Articles 48-2(1), 49(6), and 44(1) and (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Defendant is obligated to deliver to the Plaintiff the building listed in the attached list at the same time as the Plaintiff received deposit 20 million won from the Plaintiff.

Although the defendant is also asserting that the business loss compensation amount should be paid, the above argument is rejected as it is not possible to claim the business loss compensation amount to the project implementer in the housing reconstruction project for which the expropriation or use under the Act on Acquisition of and Compensation for Land, etc. for Public Works

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